BoQ told to tighten home lending practices
"In ASIC's view, the lack of enquiry about actual expenses, and sole reliance on HPI, was not consistent with responsible lending obligations imposed by the National Credit Act," the regulator said.
"Bank of Queensland has updated its home loan application forms to obtain more information about a customer's living expenses."
“We have also been examining customer’s declared expenses more closely to determine the loan repayments they can afford,” he wrote.
ASIC acknowledged the co-operation of Bank of Queensland in resolving this issue.
ASIC notes that the bank will continue to review the circumstances of borrowers who go into hardship or default to ensure that they have not been disadvantaged by a loan provided prior to the change in policy.
ASIC Deputy Chairman Peter Kell said the outcome was part of ASIC’s ongoing focus on the lending industry’s compliance with responsible lending laws.
"Lenders must carry out inquiries to determine whether a credit contract will be unsuitable for a consumer," Peter Kell said.
In November 2014, ASIC updated Regulatory Guide 209 Credit licensing: Responsible lending conduct (RG 209) to clarify that credit licensees cannot rely solely on benchmark living expense figures, and must also make inquiries about the borrowers’ actual living expenses.
